In addition to all other requirements of this chapter, the following
performance standards shall apply to specific uses permitted in the
various zoning districts.
Accessory commercial uses shall comply with the following requirements.
A.
Such accessory commercial uses shall only be permitted as part of
a subdivision or land development plan proposing the construction
of at least 150 dwelling units.
B.
No outdoor storage of equipment, supplies, or merchandise shall be
permitted.
C.
The total area of the accessory commercial use or uses shall not
exceed 5% of the total gross floor area of the dwellings in the development.
D.
The following commercial uses are permitted, provided that the gross
floor area of any such use does not exceed 3,500 square feet:
Accessory dwelling units shall comply with the following requirements.
A.
The accessory dwelling unit shall not exceed 40% of the total square
footage of the principal single-family detached dwelling structure.
B.
There is a limit of one accessory dwelling unit per lot.
C.
The lot shall comply with all other single-family detached dwelling
dimensional requirements of the pertinent zoning district.
D.
The owner of the property must maintain principal residency in either
the principal single-family detached dwelling structure or the accessory
dwelling unit.
E.
The total number of occupants in both the principal single-family detached dwelling use and the accessory dwelling unit combined may not exceed the maximum number established by the definition of "family" as set forth in Article II of this chapter relating to definitions and terms.
F.
An accessory dwelling unit shall be architecturally consistent with
the primary structure.
G.
A building permit for an accessory dwelling unit must be approved
and issued prior to its construction.
Adult-oriented establishments shall comply with the following
requirements.
A.
No lot line of an adult-oriented establishment shall be located within
500 feet of any residential zoning district or Campus/Open Space District.
B.
No lot line of an adult-oriented establishment shall be located within
500 feet of a lot line of any religious structure, school, day-care
center, nonprofit public facility, or nursing home, retirement home,
or rehabilitation center.
C.
No lot line of an adult-oriented establishment shall be located within
500 feet of the lot line of another adult-oriented establishment.
D.
There shall be no display of adult-oriented materials or merchandise
that can be seen from the exterior of the building.
E.
Not more than one adult-oriented establishment or activity shall
be permitted within any one building or lot.
F.
No unlawful sexual activity or conduct shall be performed or permitted.
Agricultural operations shall comply with the following requirements.
A.
The following yards and setbacks are required:
(1)
Except for dwellings and residential accessory uses and structures, which shall comply with the lot and yard regulations of the applicable zoning district, and except for the special yard and setback requirements set forth in § 280-1504A(2) of this chapter, all structures shall be set back a minimum of 50 feet from any lot line.
(2)
Special yard and setback requirements. Slaughter areas, areas for the storage or processing of spent mushroom compost, structures for the cultivation of mushrooms or the raising of livestock, and any building housing livestock, except as set forth in § 280-1504A(3) of this chapter, shall be set back from the lot line of any adjoining residential zoning district or existing residential use at least 300 feet.
(a)
The Zoning Hearing Board may, as a special exception, however,
reduce the above special yard and setback requirements where it is
shown that, because of the nature of the agricultural operation, prevailing
winds, unusual obstructions, topography, or other conditions, a lesser
distance would protect adjoining lands from odor, dust, or other hazards;
or that the agricultural operation is in accordance with the Pennsylvania
Right-to-Farm Law.[1] In no case, however, shall the Zoning Hearing Board reduce
the special yard and setback requirement to less than 100 feet. The
burden shall be upon the applicant to prove that a lesser distance
would not be detrimental to the health, safety, and general welfare
of the community.
[1]
Editor's Note: See 3 P.S. § 951 et seq.
(3)
Any manure storage facility shall be located in accordance with
the yard and/or setback requirements established by Act 38 of 2005,
known as "ACRE,"[2] and the Commonwealth of Pennsylvania Nutrient Management
Act, as amended.[3] All applications for manure storage facilities shall include
evidence indicating compliance with Act 38 of 2005, known as "ACRE,"
and the Commonwealth of Pennsylvania Nutrient Management Act.
(4)
All areas utilized for grazing or pasture areas shall be securely
fenced to prevent the escape of animals and be set back a minimum
of 10 feet from all lot lines.
B.
All agricultural operations shall be designed and maintained so that
water and fertilizer will not drain onto adjacent lots.
C.
All agricultural operations shall allow for the safe and efficient
movement of all vehicles associated with the operation.
D.
All agricultural operations shall comply with applicable standards
of the most-recent version of the Pennsylvania Manure Management Manual,
as amended.
E.
All agribusiness operations shall require the submission and approval
of a land development plan in accordance with the requirements of
the most-recent version of the Lancaster Township Subdivision, Land
Development and Stormwater Management Ordinance, as amended.
F.
All applications for agribusiness operations shall include evidence
indicating compliance with Act 38 of 2005, known as "ACRE," and the
Commonwealth of Pennsylvania Nutrient Management Act, as amended,
the Commonwealth of Pennsylvania CAFO and/or CAO regulations under
the Federal Clean Water Act, and copies of all other required state
and or federal permits.
[1]
Editor's Note: Former § 280-1505, Bed-and-breakfast
establishment, amended 4-14-2014 by Ord. No. 2014-03, was repealed 11-14-2022 by Ord. No.
2022-02.
Boardinghouses shall comply with the following requirements.
A.
Boardinghouses shall only be permitted in single-family detached
dwelling units. The owner/operator shall be the primary occupant of
the establishment. There shall be no external alteration to the building
except as may be necessary for safety facilities such as fire escapes.
B.
At least five, but not more than 10, boarding rooms shall be available
in a boardinghouse.
C.
Meals may be served for compensation only to boarders; in no case
shall meals be served for compensation to persons who are not boarders
of the establishment.
D.
No cooking facilities shall be permitted in any boarding room.
E.
Signs shall comply with the professional, name or address sign regulations and other applicable sign regulations in Article XII of this chapter relating to sign regulations.
F.
Rooms shall be rented on a weekly or monthly basis.
G.
The applicant for a zoning permit and certificate of use and occupancy
shall demonstrate that adequate public sewer and public water service
will be provided to the establishment.
Commercial parking garages or lots shall comply with the following
requirements.
A.
The facility shall have lot frontage on, and provide access to, an
arterial or collector road.
B.
All commercial parking compounds shall be set back from the lot line of any adjoining residential zoning district or existing residential use at least 50 feet. Otherwise, all commercial parking compounds shall comply with Article XIII of this chapter relating to parking and loading regulations and Article XIV of this chapter relating to landscaping and screening regulations.
C.
All commercial parking garages shall comply with all provisions for
principal buildings and uses in the zoning district where the parking
compound is proposed.
Community shopping centers shall comply with the following requirements.
A.
The development shall have lot frontage on, and provide access to,
an arterial or collector road.
B.
Minimum lot width: 500 feet at the building setback line.
C.
Minimum lot depth: 300 feet.
G.
Signage shall comply with all business sign regulations, center sign regulations, and other applicable sign regulations in Article XII of this chapter relating to sign regulations.
H.
In addition to the regulations set forth above in this section, developments
greater than 100,000 square feet shall comply with the following requirements:
(1)
Public sewer and public water service shall be provided.
(2)
The development shall have lot frontage on, and provide access
to, an arterial road.
(3)
Access drives shall be set back at least 1,000 feet from any
entrance to or exit from a limited access highway, at least 2,000
feet from the intersection of any street right-of-way lines, and at
least 100 feet from any other lot line.
(4)
Setback from the lot line of any adjoining residential zoning
district or existing residential use: 100 feet for buildings, structures,
loading facilities, and dumpsters; 50 feet for parking compounds.
(5)
There shall be pedestrian linkages to all adjacent properties
and greenways.
(6)
There shall be an improved bus stop which would be convenient
for patrons and employees to travel to and from the development by
bus. It must include a shelter, seating, a waste receptacle, and at
least one shade tree.
(7)
At least 2% of the required parking spaces shall be designated
for park-and-ride use.
Convenience stores shall comply with the following requirements.
Conventional residential developments shall comply with the
following requirements.
A.
The applicant shall prepare conceptual plans for conventional residential development and open space development in accordance with § 280-1523 of this chapter. Such conceptual plans shall comply with the minimum requirements for sketch plans as stated in Article IV of the most-recent version of the Lancaster Township Subdivision, Land Development and Stormwater Management Ordinance, as amended.
B.
The applicant shall provide a narrative description of the two development
options and shall demonstrate that the conventional residential development
option is clearly superior to the open space development option based
on the following:
(1)
The unique physical characteristics of the property proposed
for subdivision, which inhibit the open space design;
(2)
The extent to which the open space development option is not
feasible;
(3)
The adequacy of existing recreational and open space areas to
meet existing and projected demands with the proposed development;
and
(4)
The extent to which the conventional residential development
further advances the objectives of the most-recent version of the
Lancaster Township Comprehensive Plan, as amended.
C.
The
applicant shall provide such conceptual plans and narrative description
to the Lancaster Township Planning Commission and shall request comments
from the Planning Commission.
D.
The
applicant shall provide the Board of Supervisors with the conceptual
plans and narrative description required in this section and the applicant's
written response to the Lancaster Township Planning Commission's comments.
Day-care facilities shall comply with the following requirements.
A.
Purpose. Recognizing the growing need for day-care facilities, it is the intent of the Township to encourage the establishment of such facilities in a manner which will preserve the character of residential neighborhoods while meeting the operational and physical standards of the PA DPW. Day-care facilities operated within a residence are not subject to the requirements for home occupations contained in § 280-1514 of this chapter.
B.
Application of regulations. The provisions of this section shall
apply to day-care facilities providing service for part of a twenty-four-hour
day for children under 16 years of age, or for persons who are otherwise
disabled, by persons giving care (excluding care provided by relatives).
Day-care facilities shall include family day-care homes, group day-care
homes, and day-care centers, all of which are subject to Chapter II,
Sections 8A, 8B, and 8C, of the DPW Social Services Manual Regulations.
This section does not apply to babysitting (as defined by this chapter)
or child day-care service furnished in places of worship during religious
services or related activities.
C.
General provisions. The following general provisions apply to all
day-care facilities.
(1)
All child day-care facilities shall comply with all current
DPW regulations.
(2)
Hours of outside play shall be limited to between the hours
of 8:00 a.m. and sunset, as defined by the National Weather Service.
(3)
An outdoor play area, as required by DPW regulations, shall
be provided for child day-care facilities and shall not be located
in the front yard.
(4)
Day-care facilities utilizing, or proposing to utilize, an on-lot
sewage disposal system shall obtain a written statement from the Township
Sewage Enforcement Officer certifying that the system is properly
designed to accommodate the use and that there are no apparent signs
of system failure.
(5)
Fencing shall be provided to restrict children from hazardous
areas, such as open drainage ditches, wells, holes, and arterial roads.
Natural or physical barriers may be used in place of fencing so long
as such barriers functionally restrict children from these areas.
(6)
The expansion of a family day-care home to a group day-care home
or the expansion of a group day-care home to a day-care center shall
require a special exception.
(7)
When applying for a special exception, the applicant shall submit
a plan showing any existing or proposed outdoor play areas, outdoor
play equipment, fencing, access drives, adjacent streets, adjacent
hazardous land uses, on-site hazardous areas (as previously defined),
merchandise delivery areas, on-lot sewage disposal facilities, parking
spaces, and the child or adult dropoff circulation pattern.
D.
Family day-care home. In addition to the other provisions of this
section, family day-care homes shall comply with the following requirements:
(1)
The facility must have a current DPW registration certificate.
(2)
Any external evidence of such use shall be limited to one nonilluminated sign, subject to Article XII relating to sign regulations.
(3)
Family day-care homes shall only be permitted in single-family
detached dwellings or single-family semidetached dwellings.
E.
Group day-care home. In addition to the other provisions of this
section, group day-care homes shall comply with the following requirements:
(1)
The facility must have a current DPW license.
(2)
Any external evidence of such use shall be limited to one nonilluminated sign, subject to Article XII relating to sign regulations.
(3)
A fence with a minimum height of four feet shall physically
contain the children within the outdoor play area.
(4)
Group day-care homes shall be permitted in only single-family
detached dwellings.
F.
Day-care center. In addition to the other provisions of this section,
day-care centers shall comply with the following requirements:
(1)
The facility must have an approved and currently valid DPW license.
(2)
A fence with a minimum height of four feet shall physically
contain the children within the outdoor play area.
(3)
Play equipment shall be located at least 10 feet from a lot
line.
(4)
All pedestrian pathways shall be adequately lit for safety if
utilized during nondaylight hours. Specific areas for lighting are
entranceways, pedestrian access to the outdoor play areas, sidewalks,
dropoff areas, merchandise delivery areas, and all parking compounds.
Such lighting shall not produce objectionable glare on adjacent properties.
G.
Application and permitting procedure. Family day-care homes and group
day-care homes shall be subject to the following application and approval
process. (Day-care centers shall not be subject to an application
and permit procedure due to their location within nonresidential zoning
districts.)
(1)
Family day-care homes. Any individual proposing a family day-care
home shall submit an application for a family day-care home permit
to the Zoning Officer, who will review the application for compliance
with this chapter. If the application demonstrates compliance with
this chapter, the Zoning Officer shall grant the permit.
(2)
Group day-care homes. All group day-care homes shall be subject
to the following application and approval process:
(a)
The applicant shall demonstrate compliance with the requirements
of this chapter and shall request a special exception from the Zoning
Hearing Board.
(b)
If a special exception is granted, the applicant shall submit
an application for a group day-care home permit to the Zoning Officer.
After confirming that the conditions of the Zoning Hearing Board have
been satisfied, the Zoning Officer shall issue the permit. Such review
of the application may require the Zoning Officer to visit the dwelling
if deemed necessary.
Golf courses shall comply with the following requirements:
A.
In no case shall the design of a golf course permit or encourage
a golf ball to be driven across any building, building lot, parking
compound, or public street right-of-way.
B.
Golf cart paths.
(1)
In order to prevent dust, erosion, and excessive water flow
across streets or adjoining property, all golf course paths shall
be graded for proper drainage and shall be improved with a durable
and dustless surface, such as concrete or bituminous concrete surface,
unless an alternative material and/or design is part of a readily
accepted stormwater BMP, in accordance with the most-recent version
of the Lancaster Township Subdivision, Land Development and Stormwater
Management Ordinance, as amended.
(2)
The golf course design shall minimize golf cart path crossings
of streets and access drives. Easily identifiable golf cart paths
must be provided for crossings of streets and access drives. The golf
course design shall both discourage random crossing and require use
of the golf cart path crossings of streets and access drives. Golf
cart path crossings shall conform to the following:
(a)
Each crossing shall be perpendicular to the traffic movement.
(b)
Only one street may be crossed at each location.
(c)
No crossing is permitted between a point 15 feet and 150 feet
from the cartway edge of a street or access drive.
(d)
Clear sight triangles and safe stopping sight distances shall
be provided in accordance with the most-recent version of the Lancaster
Township Subdivision, Land Development and Stormwater Management Ordinance,
as amended.
(e)
The golf cart path shall not exceed a slope of 8% within 25
feet of the cartway crossing.
(f)
Golf cart path crossings shall be signed, warning motorists
and pedestrians and golfers. The surface of the golf cart path shall
be brightly painted with angle stripes.
(g)
Golf cart path crossings on collector or arterial streets shall
consist of a tunnel that is located below street grade. The golf course
design shall both prohibit on-grade crossing of collector or arterial
streets and require the use of the tunnel. The construction of the
collector or arterial roadway crossing of the tunnel shall comply
with PennDOT standards.
C.
D.
Golf course buildings and accessory structures shall be set back
from the lot line of any adjoining residential zoning district or
existing residential use or street right-of-way at least 75 feet.
Group homes shall comply with the following requirements.
A.
Common kitchen and dining facilities may be provided; however, no
cooking or dining facilities shall be provided in individual residents'
rooms.
B.
A group home shall be affiliated with a parent organization which
provides for the administration of the group home through the direction
of a professional staff.
C.
The applicant shall also demonstrate that the facility will comply
with all applicable Commonwealth of Pennsylvania requirements for
such uses.
Home occupations shall comply with the following requirements.
A.
Background. The Township recognizes the need to establish regulations
pertaining to home-based occupations as a result of increased opportunities
and requirements to work at home. Home occupations will particularly
benefit individuals with physical disabilities, as well as those having
to care for children or the elderly within their homes. The Township
also recognizes the potential benefits to the local community that
could be realized by those seeking services or goods supplied through
home occupations.
B.
Purpose. It is the intent of this section to establish regulations
which will permit home occupations in a manner which will preserve
the peace, quiet, and tranquility of residential neighborhoods and
ensure the compatibility of such uses with other uses permitted within
the same zoning district.
C.
Classifications of home occupations. All home occupations shall be classified as either "minor home occupations" or "major home occupations," as defined in Article II of this chapter relating to definitions and terms.
(1)
To the extent that such uses are consistent with the definition of a "minor home occupation" found in Article II of this chapter relating to definitions and terms, minor home occupations shall include but are not limited to the following uses:
(a)
Professional office uses, including realtors and insurance sales
(medical/dental).
(b)
Artists, craftsmen and sculptors.
(c)
Cake baking and decorating.
(d)
Dance instruction.
(e)
Dress making, sewing, tailoring contract sewing (maximum one
tailor/seamstress).
(f)
Grooming of dogs and cats.
(g)
Gun repair.
(h)
Computer programming and word processing.
(i)
Laundry and ironing services.
(j)
Locksmith.
(k)
Mail order or phone order.
(l)
Millinery.
(m)
Music composing or instruction.
(n)
Saw, scissors, and blade sharpening.
(o)
Telephone-related services.
(p)
Television, radio, electronics, and small appliance repair.
(q)
Tutoring (limited to a maximum of four students at any one time).
(r)
Wallpapering.
(2)
Major home occupations shall include the following:
(a)
Any use listed above as a minor home occupation that exceeds the performance standards specified in § 280-1514C(1) of this chapter.
D.
Uses not permitted as home occupations. The following uses, by the
nature of the investment or operation, have a pronounced tendency,
once started, to rapidly increase beyond the limits permitted for
home occupations and thereby impair the use and values of an area
intended for residence purposes within a residential zoning and are
more suited to nonresidential zoning districts. Therefore, the following
uses shall not be permitted as home occupations in residential zoning
districts:
(1)
Ambulance services.
(2)
Animal boarding/kennels or veterinary services.
(3)
Appliance repair (major appliances).
(4)
Gift or antique shop.
(5)
Health salon, gym, dance studio, aerobic exercise studio, or
massage parlor.
(6)
Helicopter service.
(7)
Limousine, hearse, or cab service.
(8)
Minor or major repair, detailing, or painting of engines (small
or large), vehicles, trailers, or boats.
(9)
Mortician or funeral home.
(10)
Palm reading/fortune telling.
(11)
Material or metal fabrication shops or machine shops.
(12)
Photo development.
(13)
Private club.
(14)
Private school with organized classes.
(15)
Production woodworking and cabinet making.
(16)
Rental services, businesses, or sales from the site (except
direct distribution).
(17)
Restaurants or taverns.
(18)
Towing.
(19)
Welding shop.
(20)
Well drilling.
(21)
Other similar uses which may, in the opinion of the Zoning Officer,
result in an adverse impact on a residential neighborhood.
E.
Conditions. All dwellings containing a home occupation shall comply
with the following:
(1)
The person conducting the home occupation shall be a full-time
resident of the dwelling in which the home occupation is being conducted.
(2)
A maximum of 25% of the gross floor area of the dwelling, excluding
attics, garages, and basements, shall be used for any home occupation(s).
(3)
Not more than one major home occupation shall be permitted within
any single dwelling unit.
(4)
No displays or change in the building facade, including the dwelling and all accessory buildings, shall indicate from the exterior that the dwelling is being utilized for purposes other than a dwelling, except for a permitted home occupation sign as provided in Article XII of this chapter relating to sign regulations.
(5)
Storage of materials, products, or machinery used for the home
occupation shall be wholly enclosed by the dwelling or accessory building,
within the maximum floor area previously defined.
(6)
The home occupation shall be conducted entirely within the dwelling
or accessory building. The attached garage or detached garage area
may be used for the home occupation purposes, provided that such use
does not cause the elimination of the required parking spaces for
the dwelling.
(7)
Deliveries from commercial suppliers shall comply with the Pennsylvania
Motor Vehicle Code and shall not restrict traffic circulation.
(8)
A home occupation shall not produce noise, obnoxious odors,
vibrations, lighting glare, fumes, smoke, or electrical interference
detectable to normal sensory perception on any adjacent lots or streets.
(9)
There shall be no illegal discharge of any materials, fluids,
or gases into the sewage disposal facilities or in any other manner
that would be in violation of any applicable governmental law, rule,
or regulation.
(10)
Sales of goods on the premises shall be limited to goods lawfully
made on the premises; goods relating to services performed on the
premises; and goods ordered previously by telephone or at a prior
sales meeting, that are not made on the premises and that do not relate
to services performed on the premises.
(11)
Home occupations shall not involve the use or storage of explosive,
highly combustible, or hazardous materials.
(12)
"Parties" for the purpose of taking orders for the selling of
merchandise shall not be held more than one time per week.
(13)
The size of commercial vehicles used for the home occupation
shall not exceed 20 feet in overall length or seven feet in height
and shall not have a load capacity in excess of one ton.
F.
Application and permitting procedure. Home occupations shall be subject
to the following application and approval process:
(1)
Minor home occupations. No application required.
(2)
Major home occupations. All major home occupations shall be
subject to the following application and approval process:
(a)
The applicant shall demonstrate compliance with the requirements
of this chapter and shall request a special exception from the Zoning
Hearing Board.
(b)
If a special exception is granted, the applicant shall submit
an application for a major home occupation permit to the Zoning Officer.
After confirming that the conditions of the Zoning Hearing Board have
been satisfied, the Zoning Officer shall issue the permit. Such review
of the application may require the Zoning Officer to visit the dwelling
if deemed necessary.
Hospitals, retirement homes, nursing homes, personal care homes,
or other similar facilities shall comply with the following requirements:
A.
The facility shall have lot frontage on, and provide access to, an
arterial or collector road.
B.
All off-street parking compounds shall be set back from the lot line
of any adjoining residential zoning district or existing residential
use at least 50 feet.
C.
All buildings shall be set back from the lot line of any adjoining
residential zoning district or existing residential use at least 75
feet.
D.
Emergency entrances shall not be located or oriented directly toward
any adjacent residential zoning district or existing residential use.
E.
To the greatest extent possible, passenger dropoff and pickup areas
shall be provided and arranged so that patients and visitors do not
have to cross traffic lanes on or adjacent to the site.
F.
The applicant shall also demonstrate that the facility will comply
with all applicable Commonwealth of Pennsylvania requirements for
such uses.
All industrial uses shall comply with the following requirements:
A.
All industrial operations shall be in compliance with all applicable
Commonwealth of Pennsylvania and federal government regulations as
required by the most-recent regulations made available by these governmental
bodies, including but not limited to noise, air pollution, vibration,
radiation, and the pollution of groundwater, surface water, and soils.
B.
Odor. Emission of odorous gases or other odorous matter in such quantities
as to be offensive at any lot lines shall not be permitted.
C.
Toxic gases. All industrial uses shall emit no noxious, toxic or
corrosive fumes or gases.
D.
Glare and heat. All industrial uses shall carry on no operations
that would produce heat or glare beyond the lot line of the lot on
which the industrial operation is located.
E.
Waste products. Storage of waste materials shall not be permitted
except in an enclosed building or approved containers. No potentially
dangerous effluent shall be discharged.
Kennels shall comply with the following requirements.
A.
The following yards and setbacks are required:
(1)
Special yard and setback requirements. All animal shelters,
buildings, outdoor stalls and/or runways shall be set back from the
lot line at least 300 feet.
(a)
The Zoning Hearing Board may, as a special exception, however,
reduce the above special yard and setback requirements where it is
shown that, because of the nature of the operation, design and construction
of the structures proposed to accommodate animals, relating prevailing
winds, unusual obstructions, topography, or other conditions, a lesser
distance would protect adjoining lands from noise, odor, dust, or
other hazards. In no case, however, shall the Zoning Hearing Board
reduce the special yard and setback requirement to less than 100 feet.
The burden shall be upon the applicant to prove that a lesser distance
would not be detrimental to the health, safety, and general welfare
of the community.
B.
All animal shelters, buildings, outdoor stalls and/or runways shall
be located within the rear yard.
C.
All areas utilized for outdoor exercise of animals and outdoor stalls
and/or runways to which animals have access shall be completely enclosed
by a six-foot-high fence to prevent the escape of animals.
D.
No animals shall be permitted to use outdoor exercise areas or outdoor
stalls and/or runs that are located within 300 feet of a lot line
between the hours of 8:00 p.m. to 8:00 a.m.
E.
Emission of any offensive odors is not permitted at any time.
F.
The applicant shall also demonstrate that the facility will comply
with all applicable Commonwealth of Pennsylvania requirements for
such uses.
Medical clinics shall comply with the following requirements.
A.
The facility shall have lot frontage on, and provide access to, an
arterial or collector road.
B.
Emergency entrances shall not be located or oriented directly toward
any adjacent residential zoning district or existing residential use.
C.
To the greatest extent possible, passenger dropoff and pickup areas
shall be provided and arranged so that patients and visitors do not
have to cross traffic lanes on or adjacent to the site.
D.
The applicant shall also demonstrate that the facility will comply
with all applicable Commonwealth of Pennsylvania requirements for
such uses.
Mobile/manufactured home parks shall comply with the following
requirements:
A.
Minimum tract area: five acres served by public sewer and water.
B.
Minimum lot area: 5,000 square feet for each mobile/manufactured
home.
C.
Minimum lot width: 50 feet.
D.
Maximum density: seven mobile/manufactured home lots per acre.
E.
Distance between buildings. Mobile/manufactured homes shall be separated
by a minimum of 20 feet.
F.
Minimum tract setback. All mobile/manufactured homes shall be set
back from a public street right-of-way as required by the applicable
zoning district and at least 25 feet from all other tract boundaries.
G.
Minimum floor space. Each mobile/manufactured home shall have a minimum
of 400 square feet of floor area, excluding storage area, porches
and the like.
H.
Storage space. Each mobile/manufactured home lot shall be provided
with a minimum of 150 cubic feet of enclosed storage space.
I.
All mobile/manufactured home lots shall abut on a mobile/manufactured
home park access drive. Access to mobile/manufactured home lots shall
be by the drives and not public streets.
J.
Each mobile/manufactured home lot shall be provided with a hard-surfaced
mobile/manufactured home stand which has a foundation that will not
heave, shift, or settle unevenly because of frost action, inadequate
drainage, vibration or other forces acting on the superstructure.
Each mobile/manufactured home stand shall be equipped with properly
designed and approved water, sewer and electrical connections.
K.
Each mobile/manufactured home shall be skirted with an all-weather
material from the bottom of the mobile/manufactured home to the ground
surface.
L.
Service and accessory buildings located in a mobile/manufactured
home park shall be used only by the occupants and guests of the mobile/manufactured
home park.
Neighborhood shopping centers shall comply with the following
requirements.
A.
No single unit of occupancy shall exceed 20,000 square feet of net
retail floor area.
B.
Minimum lot width: 250 feet at the building setback line.
C.
Minimum lot depth: 200 feet.
D.
Minimum front yard: 90 feet; however, along principal arterial roads,
the minimum front yard shall be 100 feet.
E.
Minimum side yard: 50 feet.
F.
Minimum rear yard: 50 feet.
Noncommercial keeping of livestock shall comply with the following
requirements.
A.
The following list specifies the maximum permitted animal density
and total number of livestock, by livestock type:
(1)
Group 1: Livestock whose average adult weight is less than 10
pounds shall be permitted at an animal density of two livestock per
gross acre, with a maximum number of six livestock.
(2)
Group 2: Livestock whose average adult weight is greater than
or equal to 10 but less than 65 (64.99) pounds shall be permitted
at an animal density of one livestock per gross acre, with a maximum
number of six livestock. In addition to the minimum required lot area
in the applicable zoning district, there shall be an additional one
acre dedicated to the livestock area.
(3)
Group 3: Livestock whose average adult weight is greater than
65 pounds shall be permitted at an animal density of one livestock
per gross acre, with a maximum number of 10 livestock. In addition
to the minimum required lot area in the applicable zoning district,
there shall be an additional two acres dedicated to the livestock
area.
B.
The keeping of a combination of livestock types (Groups 1, 2 and
3) shall require an animal density equal to the ratio of the number
of livestock, by type. In no case shall a lot contain more than 20
total livestock.
C.
Structures directly related to and used as part of keeping the noncommercial
livestock shall not be permitted in the front yard.
D.
The following lists minimum setbacks (from all lot lines) imposed
upon the placement of any structure used in the raising or housing
of livestock. Should one structure be used in the raising or housing
of a combination of livestock types, the most-restrictive setback
shall apply.
E.
Any manure storage facility shall be located in accordance with the
yard and/or setback requirements established by Act 38 of 2005, known
as "ACRE," and the Commonwealth of Pennsylvania Nutrient Management
Act, as amended. All applications for manure storage facilities shall
include evidence indicating compliance with Act 38 of 2005, known
as "ACRE," and the Commonwealth of Pennsylvania Nutrient Management
Act.
F.
All livestock areas utilized for grazing or pasture areas shall be
securely fenced to prevent the escape of animals and be set back a
minimum of 10 feet from all lot lines.
G.
The applicant shall furnish evidence of an effective means of livestock
waste disposal which shall be implemented. All livestock areas shall
be designed and maintained so that water and animal waste will not
drain onto adjacent lots. All manure management practices and operations
shall comply with the provisions set forth in the Pennsylvania Nutrient
Management Act, as amended.
Nonprofit public facilities shall comply with the following
requirements.
A.
The facility shall have lot frontage on, and provide access to, an
arterial or collector road.
B.
To the greatest extent possible, passenger dropoff and pickup areas
shall be provided and arranged so that patrons and visitors do not
have to cross traffic lanes on or adjacent to the site.
C.
The facility shall be affiliated with a parent organization which
provides for the administration of the facility through the direction
of a professional staff.
D.
The applicant shall also demonstrate that the facility will comply
with all applicable Commonwealth of Pennsylvania requirements for
such uses.
Open space developments shall comply with the following requirements.
A.
Purpose. It is the intent of this section to implement the most-recent
version of the Lancaster Township Comprehensive Plan, as amended,
and promote desirable community development by:
(1)
Maintaining a healthy residential environment with adequate
open space and recreational amenities;
(2)
Supporting the most-recent version of the Lancaster Inter-Municipal
Committee (LIMC) Comprehensive Plan by integrating open space within
future development and in areas which are of strategic importance
to potential greenway corridors throughout the Township;
(3)
Encouraging land use and development patterns which complement
and accentuate the distinctive features of the Township's landscapes
and natural environment, including prime agricultural soils, woodlands,
wetlands, stream corridors, steep slopes, and scenic views;
(4)
Directing growth to areas of the Township which are the most
appropriate for development;
(5)
Reducing infrastructure costs by minimizing the amount of infrastructure
required for future growth;
(6)
Providing an opportunity for flexibility in lot designs and
building arrangement not afforded by conventional lot-by-lot development;
(7)
Providing for a more varied, innovative, and efficient development
pattern;
(8)
Promoting new development that is compatible with existing uses,
architecture, landscapes and community character;
(9)
Creating neighborhoods with direct visual access to open land,
with amenities such as neighborhood open space, and with a strong
neighborhood identity; and
(10)
Allowing limited commercial development within large-scale residential
developments to reduce the need for automobiles.
B.
Eligibility.
(1)
Areas permitted. Open space development shall be permitted in
the Residential Districts R-1, R-2, and R-3. The applicant shall demonstrate,
to the satisfaction of the Board of Supervisors, compliance with all
design standards and criteria of this section, as well as all other
applicable provisions of this chapter.
(2)
Water supply. Open space developments shall be served by a public water supply system in accordance with the provisions of Article VI of the most-recent version of the Lancaster Township Subdivision, Land Development and Stormwater Management Ordinance, as amended. The applicant shall demonstrate, to the satisfaction of the Board of Supervisors, that an adequate water supply exists for the intended residential and open space uses. The Board of Supervisors may also require agreements and financial assurances to ensure proper long-term operation, maintenance, and ownership of the water system.
(3)
Sewage disposal. Open space developments shall be served by a public sewer system consistent with the Lancaster Township Sewage Facilities (Act 537) Plan and in accordance with the provisions of Article VI of the most-recent version of the Lancaster Township Subdivision, Land Development and Stormwater Management Ordinance, as amended, subject to demonstration of compliance with all applicable regulations of the PA DEP.
(4)
Consistency with municipal planning program. The proposed development
shall be consistent with the goals and strategies of the most-recent
version of the Lancaster Township Comprehensive Plan, as amended.
(5)
Plan processing. The tract of land to be developed shall be
in one ownership or, if in multiple ownership, shall be developed
according to a single plan with common authority and responsibility.
The applicant is strongly encouraged to submit a sketch plan to the
Lancaster Township Planning Commission and to discuss community development
and open space resource conservation objectives with the Planning
Commission prior to the preparation of a preliminary plan.
C.
General regulations.
(1)
Permitted uses. The following uses are permitted within an open
space development:
(b)
Within the Residential District R-2:
[1]
Any use permitted in the Residential District R-1 listed in § 280-1523C(1)(a) of this chapter.
[2]
Single-family semidetached dwellings.
[3]
Two-family detached dwellings.
[4]
Accessory commercial uses in conjunction with residential developments, subject to § 280-1501 of this chapter.
[5]
Multifamily dwellings.
(c)
Within the Residential District R-3:
[1]
Any use permitted in the Residential District R-2 listed in § 280-1523C(1)(b) of this chapter.
[2]
Single-family attached dwellings.
D.
Area and bulk regulations.
(1)
Minimum restricted open space. The minimum restricted open space
shall not be less than the percentage of the gross acreage of the
tract, as stipulated for the appropriate zoning district in Table
15-1. Designated restricted open space shall comply with all standards
and criteria for restricted open space established in this section.
|
Table 15-1
| ||
|---|---|---|
|
Zoning District
|
Minimum Restricted Open Space
| |
|
Residential District R-1
|
45%
| |
|
Residential District R-2
|
35%
| |
|
Residential District R-3
|
25%
| |
(2)
Permitted density calculation. To determine the potential number of dwelling units permitted for open space developments, the applicant shall prepare a conceptual "yield plan" depicting the conventional development of the parent tract according to the design standards of the base zoning district. The yield plan shall comply with the minimum requirements for sketch plans as stated in Article IV of the most-recent version of the Lancaster Township Subdivision, Land Development and Stormwater Management Ordinance, as amended, as well as any other applicable Township ordinances. The applicant shall then prepare a conceptual open space development plan with a maximum number of dwellings not to exceed the number of dwellings depicted on the yield plan. The Lancaster Township Planning Commission shall review the yield plan and provide comments to the Board of Supervisors regarding compliance with this section. Applicants are strongly encouraged to present the yield plan to the Planning Commission as early as possible to obtain input regarding the calculation of the number of dwellings permitted in the open space development.
(3)
Residential area and bulk regulations. The following lot and
yard area regulations shall apply to any principal residential structure
or any other building. Proposed lots are not subject to a minimum
lot area. The applicant shall indicate for each permitted use, including
potential accessory uses, the limits of the building envelope within
which compliance with these provisions is feasible.
(a)
The minimum separation between principal structures at any point
shall be 20 feet, except that the minimum separation measured perpendicularly
from the rear wall of any dwelling to any point on any other building
not accessory to such residential structure shall be 50 feet.
(b)
Accessory structures shall be set back at least five feet from
any lot line and shall be permitted only in rear yards.
(c)
No exterior windows, doors, or other openings shall be permitted
in any portion of any principal or accessory structure located less
than five feet from any lot line.
(d)
Where any portion of any principal or accessory structure is
located less than five feet from any lot line, a perpetual easement
providing for maintenance of such structure, and measuring no less
than five feet in width from the affected walls, shall be provided
on the adjacent lot(s). This provision shall not apply to lot lines
which separate two-family or multifamily dwelling units on the interior
of the same principal structure.
(e)
The minimum front yard for principal buildings shall not be less than 10 feet, except as provided under § 280-1523D(3)(f) of this chapter.
(f)
All proposed dwelling units in an open space development shall
be situated so that they are set back a minimum distance from the
predevelopment perimeter boundary of the tract equal to the applicable
minimum yard dimension under the base zoning district provisions.
Existing dwellings and dwellings resulting from the conversion of
existing structures shall be exempt from this requirement, except
that additions to such existing structures shall not further reduce
required yards.
(g)
The maximum length of any residential building, including rows
of single-family attached dwellings or buildings containing multifamily
dwellings, shall not exceed 160 feet.
(h)
The maximum building heights for principal and accessory structures
shall be the same as stated in the base zoning district.
(i)
The maximum lot coverage (including all impervious surfaces)
for all building lots shall be 20% greater than the base zoning district
according to the dwelling type. The maximum lot coverage for all restricted
open space parcels shall be 30%.
(j)
Although conformance to these area and bulk regulations is not
dependent upon any specific minimum lot area or dimensions, the applicant
shall be required to demonstrate to the satisfaction of the Board
of Supervisors that all lots established under the provisions of this
section are of appropriate size and shape relative to provide for
the establishment of suitable private yard areas for all dwellings
and adequate access for the management of any adjacent open space
areas.
(k)
Flag lots may be utilized where appropriate; however, no more than 10% of the total number of lots may be designed as flag lots, and each flag lot shall have a minimum area of 10,000 square feet. Otherwise, flag lots shall comply with § 280-1608 of this chapter.
(l)
No dwelling units within the open space development shall have
direct driveway access to surrounding existing Township or state roads.
All driveways shall access internal street systems as designed for
the project.
(m)
All open space developments with single-family attached dwellings
or multifamily dwellings shall include adequate parking for visitors.
Such visitor parking compounds shall provide a minimum of one parking
space per two dwellings or fraction thereof.
(n)
On-street parking will be permitted, provided that such parking
spaces are painted and designed in accordance with the most-recent
version of the Lancaster Township Subdivision, Land Development and
Stormwater Management Ordinance, as amended.
(o)
Where adjacent curb cuts accessing separate residential properties
are separated by less than 25 feet, one additional parking space shall
be provided on each property which abuts the curb cut or in a common
parking compound.
(p)
As a condition of approval, the Board of Supervisors, at its
sole discretion, may agree to vary any of the standards stipulated
in this section where the applicant has demonstrated to the satisfaction
of the Board that the purposes of this section are better served through
such variation.
E.
Conservation and development design standards.
(1)
General development standards.
(a)
Except where this section specifies otherwise, all design and
performance standards and other regulations applicable in the base
zoning district shall apply to any open space development.
(b)
The placement of buildings and design of internal circulation
systems shall minimize the number of intersections and traffic on
Township and state roads.
(c)
The applicant shall demonstrate compliance with applicable state
and/or federal regulation of streams and wetlands. For any proposed
activity requiring the submission of a wetland delineation report,
stream or wetland encroachment permit or mitigation plan to the PA
DEP and/or USACE, a copy of all such documentation shall be submitted
to Lancaster Township by the applicant.
(2)
Architectural design. It is not the intention of the Township
to govern specific architectural design nor to link approval to any
specific architectural design criteria. Open space developments proposing
residential buildings other than single-family detached and two-family
dwellings shall comply with the following:
(a)
The applicant shall provide drawings illustrating the general
character of the intended exterior design of all principal structures.
(b)
Where the Board determines that the architectural design, as
presented by the applicant, is an essential means by which the proposed
development complies with the objectives of this section, the Board
may require, as a condition of approval, the establishment of appropriate
means to guarantee general adherence to the intended architectural
character.
(3)
Special provisions for conservation of historic resources.
(a)
Historic resources shall be preserved to the greatest degree
practicable, through incorporation into development plans and design,
including historic structures, ruins or sites, historic roads or other
transport traces, paths and trails, and any other historic landscape
features. Applicants are encouraged to contact the Historic Preservation
Trust of Lancaster County for information regarding historic resources.
F.
Open space designation and management standards.
(1)
General standards for open space designation.
(a)
Areas designated as restricted open space shall be consistent
with the goals and strategies of the most-recent version of the Lancaster
Township Comprehensive Plan, as amended. The location and layout of
restricted open space shall be configured so as to serve residents
adequately and conveniently and to promote the conservation of the
following resources to the greatest extent practicable:
[1]
Any area designated for "conservation/open space"
on the Future Land Use Map in the most-recent version of the Lancaster
Township Comprehensive Plan, as amended;
[2]
Prime agricultural soils;
[3]
Scenic views from public roads and neighboring
residential properties;
[4]
Mature trees and woodland tree masses, hedgerows,
native flowering trees and shrubs, fence rows, rock outcroppings,
steep slopes (in excess of 25%) and other noted landscape features;
[5]
Lands adjoining and within 150 feet of any historic
structure listed on the National Registration of Historic Places;
[6]
Existing open space areas; and
[7]
Any greenways or other natural resources identified
in the most-recent version of the LIMC Comprehensive Plan.
(b)
Within the designated restricted open space area, the total
area of all areas comprised of the Floodplain District (FP), slopes
in excess of 25%, and wetlands, shall not exceed 15% of the gross
tract area.
(c)
The following areas shall not be measured as contributing to
the minimum required restricted open space:
[1]
Areas within 25 feet of any structure, except structures
devoted to permitted open space uses;
[2]
Open space areas extending less than 100 feet in
the narrowest dimension at any point;
[3]
Stormwater management facilities. At the discretion
of the Board of Supervisors, areas devoted to stormwater management
facilities may be included within the minimum required restricted
open space area where the applicant can demonstrate to the satisfaction
of the Board that such facilities are designed to:
[a]
Promote recharge of the groundwater system;
[b]
Be available and appropriate for active or passive
recreational use or scenic enjoyment; and
[c]
Otherwise conform to the purposes, standards, and
criteria for open space set forth in this section.
|
For example, a long, low berm graded to reflect natural contours
could be designed to: blend into the scenic landscape or permit passive
recreational use over the top of it, while providing a relatively
large linear area for seepage of stormwater into the groundwater system.
|
[4]
Streets and access drives.
(d)
Subject to the provisions of the measurement of the minimum
required open space stipulated herein, sewage service, stormwater
management, and/or water supply facilities may be located entirely
or partially within restricted open space areas. Where such facilities
are so located, maintenance agreements and easements satisfactory
to the Board of Supervisors shall be established to require and enable
maintenance of such facilities by the appropriate parties.
(e)
Areas designated for open space purposes may be used for any
of the following:
[1]
Crop or pasture land, subject to submission of
a conservation plan approved by the LCCD;
[2]
Woodland, meadow, wetland, wildlife habitat, game
preserve, or similar conservation-oriented area;
[3]
Public, common, or private park or outdoor recreation
area;
[4]
Sewage disposal facilities, provided that the Board
of Supervisors is satisfied that adequate provision(s) for the long-term
management and maintenance of the facilities are guaranteed;
[5]
Parking for the exclusive use of individuals using
recreational areas within the required open space where deemed appropriate
by the Board of Supervisors. Such parking compounds shall not be used
as overflow parking for adjacent dwellings.
(f)
Open space shall be interconnected with open space areas on
adjoining parcels wherever possible, including, where appropriate,
provisions for pedestrian pathways for general public use to create
linked systems within the Township, including linkages to schools
and commercial areas.
(g)
Where deemed appropriate by the Board of Supervisors, open space
areas shall be provided with sufficient perimeter parking and with
safe and convenient access by adjoining street (lot) frontage or other
right-of-way or easement capable of accommodating pedestrian, bicycle,
and maintenance and vehicle traffic and containing appropriate access
improvements.
(h)
Where open space development is planned to occur in two or more
development phases, a proportionate amount of designated restricted
open space and required parking shall be permanently recorded with
each phase.
(2)
Standards for ownership of restricted open space. Except to
provide for permitted open space uses, designated open space shall
be restricted from further subdivision and land development by deed
restriction, conservation easement, or other agreement in a form acceptable
to the Township and duly recorded in the office of the Recorder of
Deeds of Lancaster County. Subject to such permanent restrictions,
restricted open space land in any open space development may be owned
by a homeowners' association, the Township, a land trust or other
conservation organization recognized by the Township, or may remain
in private ownership.
(a)
Offer of dedication.
[1]
The Township may, but shall not be required to,
accept dedication in the form of fee-simple ownership of restricted
open space land, provided that:
[2]
Where the Township accepts dedication of restricted
open space land that contains improvements, the Board of Supervisors
may require the posting of financial security to ensure structural
integrity of said improvements as well as the functioning of said
improvements for a term not to exceed 18 months from the date of acceptance
of dedication. The amount of financial security shall not exceed 15%
of the actual cost of installation of said improvements.
(b)
Homeowners' association. The restricted open space land and
associated facilities may be held in common ownership by a homeowners'
association through the use of a declaration and other documents approved
by the Board of Supervisors. Such documents shall be in conformance
with the Uniform Planned Community Act of 1996, as amended.[1] The association shall be formed and operated under the
following provisions:
[1]
The developer shall provide a description of the
association, including its bylaws and methods for maintaining the
open space.
[2]
The association shall be organized by the developer
and operate with financial subsidization by the developer before the
sale of any lots within the development.
[3]
Membership in the association is mandatory for
all purchasers of homes therein and their successors. The conditions
and timing of transferring control of the association from the developer
to the homeowners shall be identified.
[4]
The association shall be responsible for maintenance
and insurance on common open space land, enforceable by liens placed
by the homeowners' association. Maintenance obligations also may be
enforced by the Township, which may place liens to recover its costs.
Any governmental body with jurisdiction in the area where the development
is located may place liens on the owners of the open space to collect
unpaid taxes.
[5]
The members of the association shall share equitably
the costs of maintaining and developing such common land. Shares shall
be defined within the association bylaws. Association dues shall be
structured to provide for both annual operating costs and to cover
projected long-range costs relating to the repair of any capital facilities
(which shall be deposited in a sinking fund reserved for just such
purposes).
[6]
In the event of a proposed transfer, within the
methods here permitted, of common open space land by the homeowners'
association or of the assumption of maintenance of such land by the
Township, notice of such action shall be given to all property owners
within the development.
[7]
The association shall have or hire adequate staff
to administer common facilities and properly and continually maintain
the common open space land.
[8]
The homeowners' association may lease open space
lands to any other qualified person, or corporation, for operation
and maintenance of such lands, but such a lease agreement shall provide:
[a]
That the residents of the development shall at
all times have access to the open space lands contained therein (except
that access to land that is actively farmed shall be limited to times
of the year when the fields are fallow);
[b]
That the common open space land to be leased shall
be maintained for the purposes set forth in this chapter; and
[c]
That the operation of open space facilities may
be for the benefit of the residents only, or may be open to the residents
of the Township, at the election of the developer and/or homeowners'
association, as the case may be.
[9]
The lease shall be subject to the approval of the
Board, and any transfer or assignment of the lease shall be further
subject to the approval of the Board. Lease agreements so entered
upon shall be recorded with the Recorder of Deeds of Lancaster County
within 30 days of their execution, and a copy of the recorded lease
shall be filed with the Zoning Officer.
[10]
Homeowners' association documentation demonstrating
compliance with the provisions herein shall be filed with the final
subdivision and land development plans. At the time of preliminary
plan submission, the applicant shall provide draft homeowners' association
documentation with sufficient detail to demonstrate feasible compliance
with this section.
[1]
Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.
(c)
Condominiums. The restricted open space land and associated
facilities may be held in common through the use of condominium, declaration
and other documents, approved by the Board of Supervisors. Such documents
shall be in conformance with the Uniform Condominium Act of 1980.[2] All common open space land shall be held as "common elements" or "limited common elements." To the degree applicable, condominium agreement(s) shall comply with the provisions of § 280-1523 of this chapter, set forth for homeowners' associations. Condominium agreement(s) shall be filed with the final subdivision and land development plans. At the time of preliminary plan submission, the applicant shall provide a draft condominium agreement(s) with sufficient detail to demonstrate feasible compliance with this section.
[2]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
(d)
Dedication of easements. The Township may, but shall not be
required to, accept easements for public use of any portion or portions
of restricted open space land. The title of such land shall remain
in common ownership by a condominium or homeowners' association, provided:
[1]
Such land is accessible to Township residents;
[2]
There is no cost of acquisition other than any
costs incidental to the transfer of ownership, such as title insurance;
and
[3]
A satisfactory maintenance agreement is reached
between the developer, condominium or homeowners' association and
the Township.
(e)
Transfer of easements to a private conservation organization.
With the permission of the Township, an owner may transfer easements
to a private, nonprofit organization recognized by the Township, among
whose purposes it is to conserve open space and/or natural resources,
provided that:
[1]
The organization is acceptable to the Board of
Supervisors and is a bona fide conservation organization with perpetual
existence;
[2]
The conveyance contains appropriate provision for
proper reverter or transfer in the event that the organization becomes
unwilling or unable to continue carrying out its functions; and
[3]
A maintenance agreement acceptable to the Board
of Supervisors is entered into by the developer and the organization.
(f)
Private ownership of restricted open space.
[1]
Restricted open space may be retained in ownership
by the applicant or may be transferred to other private parties, subject
to compliance with all standards and criteria for restricted open
space herein.
[2]
All or portions of the designated restricted open
space, where permitted by the Board of Supervisors, may be included
within or divided among one or more of the individual lots. Where
deemed appropriate, the Board of Supervisors may require that responsibility
for maintenance of restricted open space be conferred upon and/or
divided among the owners of one or more individual lots.
(g)
Required open space management plan.
[1]
All open space development plans shall be accompanied
by a conceptual plan for the long-term management of the restricted
open space that is to be created as part of the development.
[a]
Such plan shall include a discussion of:
[i]
The manner in which the restricted open space will
be owned and by whom it will be managed and maintained;
[ii]
The conservation, land management and agricultural
techniques and practices which will be used to conserve, plan(s) approved
by the LCCD where applicable;
[iii]
The professional and personnel resources that
will be necessary in order to maintain and manage the property;
[iv]
The nature of public or private access that is
planned for the restricted open space; and
[v]
The source of money that will be available for
such management, preservation and maintenance on a perpetual basis.
[b]
The adequacy and feasibility of this conceptual
management plan as well as its compatibility with the open space resource
protection objectives stated in this section shall be factors in the
approval or denial of the open space development plan by the Board
of Supervisors.
[2]
The conceptual management plan shall be transformed
into a more-detailed open space management plan and presented to the
Township for review and approval with the preliminary subdivision
and land development plan. The Board of Supervisors may require that
the management plan be recorded, with the final subdivision and land
development plans, in the office of the Recorder of Deeds of Lancaster
County. In order to allow for the changing needs inherent in the perpetual
management of land, the management plan shall contain a provision
to the effect that it may be changed by written application to the
Board of Supervisors, so long as the proposed change is feasible and
consistent with the purposes of preservation of open space set forth
in this section and so long as the plan for such change avoids a likelihood
of the obligation of management and maintenance of the land falling
upon the Township without the consent of the Board of Supervisors.
The Board's approval of such application shall not be unreasonably
withheld or delayed.
(h)
Open space performance bond.
[1]
All landscape improvements, plantings, access points, and recreational facilities within designated open space areas shall be provided by the developer as applicable. A performance bond or other security shall be in the same form and adhere to the same conditions as otherwise required for proposed improvements under Article V of the most-recent version of the Lancaster Township Subdivision, Land Development and Stormwater Management Ordinance, as amended.
[2]
An appropriate portion of the performance bond
or other security will be applied by the Township should the developer
fail to install the planting or recreational facilities.
Outdoor furnaces shall comply with the following requirements.
A.
The design and installation of outdoor furnaces shall conform to
the EPA Phase 2 emission standards, other applicable industry standards,
and the manufacturer's specifications. The manufacturer's specifications
shall be submitted as part of the application.
B.
There shall not be more than one outdoor furnace permitted per lot.
C.
Outdoor furnaces shall not be located in the front yard.
E.
All on-site utility and transmission lines that are part of the outdoor
furnace shall be placed underground.
F.
All outdoor furnaces shall be inconspicuously sited when viewed from
adjacent street rights-of-way.
G.
Outdoor furnaces shall have a permanently installed stack that extends
at least 12 feet above the ground and is installed according to manufacturer's
specifications.
H.
The use of starter fluids, such as lighter fluid, gasoline, and other
chemicals, to ignite an outdoor furnace is prohibited.
I.
Outdoor furnaces shall be equipped with a properly functioning spark
arrestor.
J.
Waste associated with outdoor furnaces shall be properly stored and
disposed of in accordance with the regulations of the applicable zoning
district.
Places of assembly for worship/education and university, college,
and other adult education institutions shall comply with the following
requirements.
A.
The facility shall have lot frontage on, and provide access to, an
arterial or collector road.
B.
All outdoor recreation/activity areas shall be set back from lot
line of any adjoining residential zoning district or existing residential
use at least 75 feet.
C.
For extensive outdoor activities, the facility shall provide sufficient
screening and/or landscaping measures to mitigate any visual and/or
audible impacts on adjoining properties.
D.
To the greatest extent possible, passenger dropoff and pickup areas
shall be provided and arranged so that attendees/students and visitors
do not have to cross traffic lanes on or adjacent to the site.
Principal alternative energy production facilities shall comply
with the following requirements.
A.
Solar energy production facilities.
(1)
The design and installation of solar energy production facilities
shall conform to the most-recent version of the Lancaster Township
Building Code, as amended, and with all other applicable Township
electrical, fire, life safety, and other similar standards.
(2)
The design and installation of solar energy production facilities
shall conform to applicable industry standards, including those of
the American National Standards Institute (ANSI), Underwriters' Laboratories,
the American Society for Testing and Materials (ASTM), or other similar
certifying organizations. The manufacturer's specifications shall
be submitted as part of the application.
(3)
All solar energy production facilities shall be designed and
located to ensure solar access without reliance on and/or interference
from adjacent properties.
(4)
All solar energy production facilities shall be designed and
located to prevent reflective glare toward any inhabited structure
on adjacent properties as well as adjacent street rights-of-way.
(5)
All on-site utility and transmission lines as part of the solar
energy production facilities shall be placed underground.
(6)
All solar energy production facilities shall be inconspicuously
sited when viewed from adjacent street rights-of-way.
(7)
All solar energy production facilities shall be sited so that
tree removal is not required. If any trees are to be removed, the
applicant shall submit a plan demonstrating the need to remove trees
and replacement of the trees.
(8)
Roof- and wall-mounted solar energy production facilities shall
be sited in accordance with the following:
(a)
Solar energy production facilities located on the roof of any
structure shall not extend beyond the existing overhangs of the structure's
roof.
(b)
Solar energy production facilities located on a pitched roof
of any structure shall not extend vertically above the highest point
(peak) of the pitched roof of the structure, as viewed from the lot
line.
(c)
Solar energy production facilities located on a roof of any
structure shall be the same slope as, or parallel to, the pitched
roof.
(d)
Solar energy production facilities located on a flat roof shall
not exceed 15 feet in height above the height of the roof. In the
Campus/Open Space District, such facilities shall be screened by parapets,
walls, fences, or other approved means as viewed from the lot line.
(e)
All solar energy production facilities mounted on roofs and
walls of any structure shall be subject to the maximum height regulations
specified within the applicable zoning district.
(f)
No solar energy production facilities shall be attached to,
nor otherwise sited along, the front facade (wall) or front building
line of any principal building.
(9)
Freestanding, ground-mounted solar energy production facilities
shall be provided in accordance with the following:
(a)
All freestanding, ground-mounted solar energy production facilities
shall comply with the front, side, and rear yard requirements in the
applicable zoning district.
(b)
All freestanding, ground-mounted solar energy production facilities
shall be subject to the maximum height regulations specified within
the applicable zoning district.
(c)
For all freestanding, ground-mounted solar energy production
facilities, the following components shall be considered lot coverage
and calculated as part of the lot coverage limitations for the applicable
zoning district:
[1]
Foundation systems, typically consisting of driven
piles or monopoles or helical screws with or without small concrete
collars.
[2]
All mechanical equipment of freestanding, ground-mounted
solar energy production facilities, including any buildings, and structures
for batteries or storage cells.
(10)
All applications for solar energy production facilities shall include the information required for a plot plan approval pursuant to Article XVIII of this chapter relating to permits. In addition, the applicant shall submit:
(a)
A completed glare study ensuring that reflective glare is not
directed towards nor upon any adjacent properties as well as any adjacent
street rights-of-way. The glare study shall include:
[1]
The angle of the solar energy production facility
panels, arrays, cells, etc., at the location;
[2]
A diagram showing the maximum and minimum angles
of reflective glare from the solar energy production facilities' panels,
arrays, cells, etc., at the location and the relationship of that
glare to adjacent properties, structures and rights-of-way; and
[3]
A mitigation plan that limits or eliminates reflective
glare on adjacent properties, structures, and rights-of-way.
(b)
Certification from a professional engineer registered by the
Commonwealth of Pennsylvania that the proposed installation of solar
energy production facilities will not exceed the structural capacity
of the building or other structure, considering wind and other loads
associated with any solar energy production facilities, and applicable
requirements of the most-recent version of the Lancaster Township
Building Code, as amended; and
(c)
Prior to the issuance of a permit for the installation of a
solar energy production facility, the applicant shall provide the
Zoning Officer with written confirmation that the public utility company
has been informed of the customer's intent to install an interconnected
customer-owned generator and also approves of such connection.
B.
Wind energy production facilities.
(1)
The design and installation of wind energy production facilities
shall be in strict accordance with the most-recent version of the
Lancaster Township Building Code, as amended, and with all other applicable
Township electrical, fire, life safety, and other similar standards.
(2)
The design and installation of all wind energy production facilities
shall conform to applicable industry standards, including those of
the American National Standards Institute (ANSI), Underwriters' Laboratories,
Det Norske Veritas, Germanischer Lloyd Wind Energies, the American
Society for Testing and Materials (ASTM), or other similar certifying
organizations, or as approved under an emerging technology program
such as the California Energy Commission, International Electrotechnical
Commission, or any other wind certification program recognized by
the American Wind Energy Association (AWEA) or the United States Department
of Energy. The manufacturer's specifications shall be submitted as
part of the application.
(3)
All on-site utility and transmission lines as part of the wind
energy production facility system shall be placed underground.
(4)
All wind turbines shall have a flat finish and nonobtrusive
colors, such as white, off-white, or gray, as applied by the manufacturer
in order to reduce the visual impact.
(5)
All wind turbine towers shall be painted silver or have a galvanized
finish retained in order to reduce the visual impact. Towers may be
painted green or brown up the height of nearby trees.
(6)
All wind energy production facilities shall be equipped with
manual (electronic or mechanical) and automatic over-speed controls
to limit the blade rotation speed to within the design limits of the
wind energy production facility.
(7)
Wind energy production facilities shall not be installed in
any location where they would interfere with existing fixed broadcast,
retransmission, or reception antennas. This includes interference
with residential radio, television, wireless phone, or other personal
communications system reception. No wind energy production facilities
shall be installed in any location along the major axis of an existing
microwave communication link where its operation is likely to produce
electromagnetic interference in the link's operation.
(8)
All wind energy production facility shall be sited to prevent
shadow flicker on any adjacent properties as well as any adjacent
street rights-of-way.
(9)
Wind turbines shall be set back a distance equal to the total
height of the wind turbine from all lot lines, streets and other rights-of-way,
and overhead utility lines.
(10)
The maximum height of any wind turbine shall be 140 feet.
(11)
For all wind energy production facilities, unauthorized access
to the turbine and tower shall be prevented by design, with a minimum
of 12 feet from the ground to the bottom of the ladder. All doors
to the turbine and tower shall be locked.
(12)
In addition requirements set forth in Article XIV of this chapter relating to landscaping and screening regulations, all wind energy production facilities shall:
(13)
The minimum height of the lowest position of the wind turbine
shall be 15 feet above the ground. If the wind turbine proposed is
a vertical-axis wind turbine (also referred to as a "helix type turbine"
or "VAT"), the height between the lowest point of the turbine and
the ground may be reduced to eight feet.
(14)
Wind energy production facilities shall not be lighted, except
to comply with applicable Federal Aviation Administration (FAA) regulations.
(15)
No portion of any wind energy production facilities shall extend
over parking compounds, access drives, driveways, or sidewalks.
(16)
Wind energy production facilities shall not display advertising,
except for reasonable identification of the wind energy production
facility's manufacturer. Such sign shall have an area of less than
four square feet.
(17)
When an accessory building or structure is necessary for storage
cells or related mechanical equipment, the accessory building shall
comply with the accessory building and structure requirements specified
within the applicable zoning district.
(18)
All applications for wind energy production facilities shall include the information required for a plot plan approval pursuant to Article XVIII of this chapter relating to permits. In addition, the applicant shall submit:
(a)
A plot plan showing:
[1]
Property lines and physical dimensions of all areas
of the subject property that are within a distance equal to two times
the total height from the wind energy production system.
[2]
Location, dimensions, and types of existing principal
and accessory structures on the property.
[3]
Location of the proposed wind energy production
facilities tower, foundations, guy anchors, and associated equipment.
[4]
The rights-of-way of any public street abutting
the property.
[5]
Any overhead utility lines.
(b)
Wind energy production facilities system specifications, including
manufacturer and model, rotor diameter, tower height, and tower type
— freestanding or guyed.
(c)
Certification from a professional engineer registered by the
Commonwealth of Pennsylvania that the tower has been designed and
will be constructed in accordance with the current industry standards
and applicable requirements of the most-recent version of the Lancaster
Township Building Code, as amended. A copy of the foundation analysis
shall also be provided.
(19)
Prior to the issuance of a permit for the installation of a
wind energy production facility, the applicant shall provide the Zoning
Officer with written confirmation that the public utility company
has been informed of the customer's intent to install an interconnected
customer-owned generator and also approves of such connection.
Private clubs shall comply with the following requirements.
A.
The facility shall have lot frontage on, and provide access to, an
arterial or collector road.
B.
All outdoor recreation/activity areas shall be set back from the
lot line of any adjoining residential zoning district or existing
residential use at least 75 feet.
C.
For extensive outdoor activities, the facility shall provide sufficient
screening and/or landscaping measures to mitigate any visual and/or
audible impacts on adjoining properties.
Quarries shall comply with the following requirements.
A.
A plan drawing or drawings, at a scale no smaller than one inch equals
100 feet, shall be presented, which shall show the following:
(1)
Existing surface contours at five-foot intervals;
(2)
Lot lines;
(3)
All existing structures within the property;
(4)
All occupied structures and homes within 150 feet of the lot
line;
(5)
The locations of structures to be used for the manufacture and
processing of quarried material and overburden, service and office
buildings and scale facilities;
(6)
Traffic routes in and out of the property and parking compounds;
and
(7)
The limits of the pit following the reclamation of the walls
after abandonment of quarrying.
(a)
The drawing or drawings shall be accompanied by a number of
cross sections, but not less than two oriented at right angles to
each other, which shall show the existing surface, the maximum horizontal
and vertical limits of the pit, the existing groundwater table and
the anticipated water level in the pit after abandonment.
(b)
The plan drawing or drawings shall also include the groundwater
table contoured at five-foot intervals and based upon a sufficient
number of observation points, but not less than four, to establish
such elevation or elevations.
B.
No portion of the pit, during operations, or after reclamation and
abandonment, shall extend closer than 250 feet from any lot line;
or, in the alternative, may extend no closer than 200 feet to the
previously stated limits during operations and after reclamation and
abandonment, provided that a screening berm composed of clean fill
is constructed between the previously stated limits and the final
pit limits. The screening berm shall be 20 feet high, 10 feet wide
on the top and have 1:4 slopes on both sides. The outside edge of
the berm shall be no closer than 20 feet to the previously stated
limits and no closer than 10 feet to the final pit limits. A vegetative
cover shall be maintained upon the fill surface for the purposes of
erosion control and suitable appearance.
C.
All accessory structures and uses, such as crushers, maintenance
buildings, truck storage, weighing scales, etc., shall not be closer
than 100 feet from any property or street right-of-way line.
D.
All state and federal laws governing the operation of quarries shall
be obeyed.
E.
The pit shall be enclosed within a chain-link fence which is at least
six feet in height.
Commercial recreational facilities and nonprofit public recreational
facilities shall comply with the following requirements.
A.
If the subject property contains more than two acres, the facility
shall have lot frontage on, and provide access to, an arterial or
collector road.
B.
For extensive outdoor activities, the facility shall provide sufficient
screening and/or landscaping measures to mitigate any visual and/or
audible impacts on adjoining properties.
Residential infill developments shall comply with the following
requirements.
A.
Purpose. Residential infill developments are intended to allow growth
within neighborhoods that existed prior to the effective date of this
chapter and therefore contain lawfully existing, nonconforming lots
and structures. The Township desires to allow residential infill development
to:
(1)
Support the objectives of the most-recent version of the Lancaster
Township Comprehensive Plan, as amended, by reducing suburban sprawl,
minimizing future negative impacts on the transportation system, and
encouraging development patterns which accentuate the existing cultural
environment.
(2)
Support the most-recent version of the Lancaster County Comprehensive
Plan, as amended, by encouraging compact growth within the urban growth
boundaries.
(3)
Promote the efficient use of utilities.
(4)
Maintain the historic setbacks of buildings and yards, which
is necessary to retain a consistent streetscape.
(5)
Increase opportunities for affordable housing.
C.
Area, bulk, and design standards. Residential infill developments
shall comply with the regulations of the pertinent zoning district
to the greatest extent possible. However, the Township may allow deviations
from such regulations for residential infill developments in instances
where the requirements of the pertinent zoning district are not consistent
with the existing neighborhood. All lot area, bulk, and design standards
shall be consistent with the characteristics of the existing neighborhood,
which shall be limited to the properties on the same block and properties
contiguous to the block within the same zoning district. The applicant
shall conduct a study of the neighborhood to determine such characteristics
and establish appropriate standards for the proposed residential infill
development. Neighborhood characteristics which must be considered
in the development of such standards shall include but are not limited
to the following:
(1)
Dwelling type.
(2)
Lot area, width, and depth.
(3)
Minimum yards.
(4)
Building height.
(5)
Vehicular access to properties, including the use of alleys.
(6)
Street and alley design.
(7)
Parking, driveway or access drive widths, and the location and
orientation of garages.
(8)
Architecture.
(9)
Alignment and orientation of porches.
(10)
Lot coverage.
(11)
Landscaping, including existing street trees.
D.
Common open space. Residential infill developments that include common open space shall comply with the open space designation, management, and ownership standards contained in § 280-1523 of this chapter.
E.
Required dedication of land for parks and recreation. No portion
of this section shall be construed to exempt any subdivision from
the mandatory dedication of land (or fees in lieu of land) for recreational
purposes as required by the most-recent version of the Lancaster Township
Subdivision, Land Development and Stormwater Management Ordinance,
as amended.
F.
Plan processing. The tract of land to be developed shall be in one
ownership or, if in multiple ownership, shall be developed according
to a single plan with common authority and responsibility.
G.
Conditional use application. The applicant shall submit to the Board
of Supervisors all necessary data, plans, photographs, narratives,
and any other pertinent documentation which demonstrates that the
proposed residential infill development is consistent with the existing
neighborhood based on the above criteria. The Board of Supervisors
may allow variations between the existing community and the residential
infill development if it determines that such variations are advantageous
to the existing neighborhood.
Retail sales/service, provided that the total net retail floor
area is greater than 20,000 square feet, shall comply with the following
requirements.
Social service establishments shall comply with the following
requirements.
A.
The facility shall have lot frontage on, and provide access to, an
arterial or collector road.
B.
To the greatest extent possible, passenger dropoff and pickup areas
shall be provided and arranged so that patients, clients and visitors
do not have to cross traffic lanes on or adjacent to the site.
C.
The facility shall be affiliated with a parent organization which
provides for the administration of the facility through the direction
of a professional staff.
D.
The applicant shall also demonstrate that the facility will comply
with all applicable Commonwealth of Pennsylvania requirements for
such uses.
Visitor accommodations shall comply with the following requirements.
[Added 8-13-2018 by Ord. No. 2018-03]
A.
Parking shall be provided as follows: one space per on-site employee,
one per 50 units, and one per available space for rental vehicles.
B.
Parking for self-service storage facilities where units are immediately
adjacent to an access drive may be provided within parking/driving
lanes adjacent to the buildings. These lanes shall be a minimum 26
feet wide where cubicles open onto one side of the lane only and a
minimum 30 feet wide where cubicles open onto both sides of the lane.
Self-service storage facilities where units are not immediately adjacent
to an access drive shall provide parking for loading/unloading separate
from the access drives.
C.
Trailer/truck rentals may be permitted. Storage of rental vehicles shall be in accordance with Subsection D.
D.
External storage may be provided for the storage of operable and properly inspected, licensed and registered vehicles, travel trailers and/or boats, so long as such external storage area is fenced and screened from adjoining residential uses and adjoining streets and is located behind the minimum front yard setback line. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked or inoperative vehicles. All external storage areas, including those areas used for trailer/truck rentals as permitted in Subsection C above, shall have a paved surface.
E.
No door openings for any self-service storage unit shall be constructed
facing any adjacent residential use. All doors for any self-storage
unit shall be locked and secured when not in use.
F.
The following uses are prohibited and all self-service storage facilities'
rental and/or use contracts shall specifically prohibit these uses:
(1)
Residential use and/or occupancy.
(2)
Bulk storage of flammable, combustible, explosive or hazardous
materials. Nothing in this section is meant to prohibit the storage
or motor vehicles, motor craft, or equipment that contain a normal
supply of such fuels for their operation.
(3)
Repair, construction, reconstruction or fabrication of any item,
including but not limited to any boats, engines, motor vehicles, lawn
mowers, appliances, bicycles or furniture.
(4)
Auctions, except as provided for in the Self-Service Storage
Facility Act,[1] commercial wholesale or retail sales not related to the
storage activity on the premises or garage sales. Retail sales of
supplies associated with the rental of storage units and/or rental
of vehicles shall be permitted, such as boxes, packing tape, locks
and similar items.
[1]
Editor's Note: See 73 P.S. § 1901 et seq.
(5)
The operation of power tools, spray-painting equipment, compressors,
welding equipment, kilns or other similar tools or equipment.
(6)
Any business activity within the storage units.
G.
On-site management shall be provided for a minimum of 20 hours per
week, during the hours of 8:00 a.m. and 7:00 p.m. Contact information
for management during the remaining hours of the day shall be prominently
posted on the premises.
H.
The maximum size for any storage unit shall be 20 feet by 40 feet,
for a total maximum of 800 square feet.
[Added 7-12-2021 by Ord. No. 2021-03]
Warehousing, distribution, and wholesaling, provided the gross
floor area is no greater than 45,000 square feet, shall comply with
the following requirements:
A.
All outgoing product will be delivered directly to end-user consumers.
B.
Proof of compliance with § 280-1516, Industrial use, will be provided as part of a special exception hearing in front of the Lancaster Township Zoning Hearing Board.
D.
Minimum lot area: one acre.
E.
Accessory structure side and rear yards: 20 feet.
[Added 12-13-2021 by Ord. No. 2021-05]
Correctional facilities shall comply with the following requirements:
A.
Correctional facilities shall have a minimum lot area of 50 acres.
B.
Principal buildings associated with a correctional facility shall
have a minimum setback of 200 feet from all lot lines.
C.
Correctional facilities shall have access to an arterial road.
D.
All correctional facilities shall be served by public water and sewer.
[Added 11-14-2022 by Ord. No. 2022-02]
A.
Single room rentals of existing bedrooms are permitted in all zoning
districts.
B.
Two to four room rentals of existing bedrooms are permitted by special
exception in the R-1 District, and short-term rentals of up to eight
new or existing rooms are permitted by special exception in the LC
and GC districts.
C.
Occupancy of each bedroom is limited as approved by the issued permit.
D.
Short-term rental units of all types require an owner to reside on
the property and to be in occupancy on the property during the rental
period.
E.
All short-term rental units shall secure an operating permit from the Township and provide an operations management plan as provided in § 280-1612 to the Township every two years. The applicant must demonstrate adequate water and sewer service, parking as provided hereafter, compliance with all other building and zoning requirements, fire code, proper registration with relevant county agencies, owner residency, and emergency contact information. Should any information change, it is the responsibility of the owner to update that information with the Township Zoning Officer within seven days.
F.
One off-street parking space shall be provided for each guest room
unit in the structure in addition to the parking otherwise required
for any other existing uses on the property.
G.
There shall be no external alteration of the building except as may
be necessary for safety facilities such as fire escapes.
H.
Signage shall comply with the professional, name, or address sign regulations and other applicable sign regulations in Article XII of this chapter relating to sign regulations.
I.
Meals may be served to a guest as part of the rental fee but in no
case shall meals be served to outside guests not staying in a guest
bedroom. Cooking facilities shall not be permitted in any guest room.
J.
Check-in and checkout for all guests must occur between the hours
of 8:00 a.m. and 8:00 p.m.
K.
There shall be no outside activities at the property between the
hours of 9:00 p.m. to 8:00 a.m. weekdays, nor between 11:00 p.m. to
8:00 a.m. on weekends and holidays.
L.
Three or more police calls to the property in a twelve-month period,
absence of an on-site owner during a rental, or other violations of
the zoning or building ordinances will result in a revocation of the
short-term rental unit permit for 24 months and imposition of all
applicable fines.
